Wisconsin Supreme Court to hear high-profile sexual assault case

Sexual assault cases are rarely open-and-shut procedures. Like any other criminal case, prosecutors have to prove beyond a reasonable doubt that a defendant did all the things his or her accuser alleges. This burden of proof typically involves providing both testimony and physical evidence, but in some cases these can be difficult to get. If the alleged victim is unwilling to cooperate, the prosecution must find other ways to convince a jury of the defendant's guilt.

In some cases procedural rules related to evidence can tie up criminal proceedings, such as in the high-profile sexual assault case against one of the heirs to SC Johnson, a fifth-generation family company based in Racine, Wisconsin. The 57-year-old defendant is accused of sexually assaulting his teenage stepdaughter repeatedly over the course of three years. The Wisconsin Supreme Court has agreed to hear the case after prosecutors filed an appeal to a lower court's decision regarding evidence in the case. The trial has been put on hold until February, when the state's high court will take up the case.

At issue is whether the defendant's accuser should be allowed to testify without agreeing to release her medical records. In April a Court of Appeals ruled that she cannot take the stand until she agrees to provide the records, which defense attorneys requested several months ago. A Racine County circuit judge ruled last autumn that he would review the records privately in his chambers and provide any relevant information to both the defense and the prosecution, a process known as an "in camera" review. But the girl and her mother have refused to turn them over.

The state Supreme Court will decide whether to allow the girl to provide testimony without releasing her medical records, which could set a precedent for future sexual assault cases in the state. If allowed, her testimony could sway a jury to convict the defendant without any physical proof that a crime took place. Regardless of whether this defendant is guilty, those accused in future cases could have a harder time defending themselves against false accusations.

Contact Us

PhonePlease enter a valid phone number. You may use 0-9, spaces and the ( ) - + characters.

Brief description of your legal issue

Please verify that you have read the disclaimer.I have read the
disclaimer.disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Take the Time to Speak With an Experienced Attorney

The outcome of your criminal case will have a profound impact on your life. Make sure that the law firm charged with your defense is up to the job. Our results speak for themselves.
Contact us to schedule an appointment for a free initial consultation.